IC 24-15-10-3: Notice of alleged violation; controller's or processor's right to cure

Sec. 3. (a) Before initiating an action under section 2 of this chapter, the attorney general shall provide a controller or processor thirty (30) days written notice identifying the specific provisions of this article that the attorney general alleges have been or are being violated. If within the thirty (30) day period set forth in this section, the controller or processor:

(1) cures the alleged violation; and

(2) provides the attorney general an express written statement that:

(A) the alleged violation has been cured; and

(B) actions have been taken to ensure no further such violations will occur;

the attorney general shall not initiate an action against the controller or processor.

(b) If a controller or processor:

(1) continues the alleged violation following the thirty (30) day period set forth in subsection (a); or

(2) breaches an express written statement provided to the attorney general under subsection (a)(2);

the attorney general may initiate an action under section 2 of this chapter.